Ex Parte Raley

OPINION

DALLY, Commissioner.

This is a post conviction habeas corpus proceeding. Seé Article 11.07, V.A.C.C.P., and Ex parte Young, 418 S.W.2d 824 (Tex.Cr.App.1967).

Petitioner was convicted after a jury trial for the offense of embezzlement; the jury set punishment at imprisonment for 2 years, but recommended that probation be granted.

Petitioner is seeking an out-of-time appeal; he contends that he was denied a meaningful appeal by the fraud and deceit of his attorney. Petitioner was represented by retained counsel of his own choice. Notice of appeal was given by retained counsel. Thereafter…